Business Law Assignment

anxiety DEVELOPMENT INSTITUTE OF SINGAPORE IN COLLABORATION WITH UNIVERSITY OF BRADFORD DIPLOMA IN BUSINESS MANAGEMENT BUSINESS LAW ASSIGNMENT Presented by learn FIN/IC Number Participation Marks Awarded Gerry Vicentius Sajuti G1180480U Diana Ong Cabillan G5304258P Cecillia Satryo G1188819X ANALYSIS /40% RESEARCH /30% ORGANIZATION /15% PRESENTATION /15% while of Submission 16 OCTOBER 2012 promise of Lecturer DANIEL THEYAGU DECLARATION This is to decl be that this is our sure sue and we become non plagiarise any(prenominal) information from any former(a) works.We understand that plagiarism is a serious issue and if put guilty our work go out be rejected and possible we lead be barred from the examination. We turn in verified entirely information addicted and have effectively referenced the sources. If after graduation it is found that our work is non original we stand a chance of having our Diploma revoked by the institution cin one casern. Name Gerry Vicentius Sa juti Signature ___________________ Name Diana Ong Cabillan Signature ___________________ Name Cecillia SatryoSignature ____________________ confine PAGE headway ONE DIAGRAM OF SINGAPORE taproom STRUCTURESUB-ORDINATE woo OF SINGAPORE * One of the two tiers in stillterfly system of capital of capital of Singapore * at that place are 15 various of subordinate mashs. HIGH COURT OF SINGAPORE * consists of the chief justice of Singapore and the judges of the high apostrophize * exercises supervisory and revisionary legal power * bound by lasts of the woo of appeal authoritative COURT * two tiers of the tap system in Singapore * consists of the court of appeal and the high court COURT OF APPEAL OF SINGAPORE * Its court of final appeal * consists chief justice of singapore * The seat c eithered positive court building Appellate jurisdiction in well-bred and wretched matters under the principle of stare decisis court appeal are stuffing on the high court sub-ordinate court analyse on head word One A 15 years old teenager go forth be convicted in some electric razor showcases despite of his reasoning. In the simple situation,in which the police foremost obtain a confession,discover some other license,while in the contrast all the decision pass on be opine on the judge of the court. Sometimes to prevent unfairness and hold the consistency,judges allow map stare decisis which are bounded by higher courts decision depend on the similarity of cases situation.If the new(a) teenager case get the said(prenominal) situation as previous case,it has a big possibilty for the judge to hark back the same decisions. shepherds crook and Civil Jurisdiction of the court of law of Appeal In Singapore,the highest court is the solicit of Appeal that only implements the appellate jurisdiction in elegant and criminal matters. In civil it usually begins from the High tap. You buttocks have an appeal when the High tap judge is on leave,or when the summ ate or value of the cases is below $25,000. The Court should only accept evidence that was kick ined by the court below however new evidence should pass by on special ground.When it comes to flagitious matters,the Court of Appeal roll in the haynot observe an appeal when the orders were already made by the High Court from the suppress Court except when it exercise original criminal jurisdiction in the latter part. When the High court already made a decision to a convicted person,the Court of Appeal may permit the person to have an appeal if it believes that it has a reasonable doubt and the censure should be reduced. illegal and Civil Jurisdiction of the High Court In Singapore,the High Court is the lower division of Supreme Court that implements the appellate and original jurisdiction in civil and criminal matters.The high court has power in any written law relating to divorce,bankruptcy and matters of admiralty. In implementing appellate civil jurisdiction the hearing shoul d come from the District Courts,Magist commits Courts and other tribunal. When it comes to permitting for an appeal,it should be O.K. by one of the Court above where the amount does not exceed $50,000. In appellate criminal jurisdiction, the criminal cases came from the District and Magistrates Courts. The High Court leave alone not overturn the judgment that has been made un slight(prenominal) the law is wrong or circumstances are inadequate.In this situation the Court should follow some orders cover reversing the decision or enhancing the sentenced that was given and the rest. The jurisdiction of the various divisions of court in the Subordinate circuit Subordinate court is one of the two tiers in court system of singapore beside of supreme court. at that place are 15 various of subordinate courts. Community Court To prevent and reduce the relative incidence of crimes and to ensure that those suspected,accuse or convicted of crimes is the goal of Community Court. Cases that has been objurgatetle by familiarity court e. g. ike selected wrongdoers with mental disorders,family violence cases,those below 21 years incriminate of theft, and etc. Family Court Family court is legalised on 1st march 1995,which is contributed in settle family-related disputes. Family court is now unified court,dealing with all family proceeding in Singapore,Philosophy of the Family Court is to strenghten family ties and preserved. Coroners Court Coroners Court carried out for a sudden oddment much(prenominal) as accidents on the street,in a throw out cell,and suicide. Basicly,the Crime rhetorical team analyze the death body of victim and report the lead to the court.Later,the trial judges decision will result in the stated give back of death are pure death, by accident, or open to make headway investigation. Neighborhood Court Treatment for cases occurring inwardly family dealt by Neigborhood Court. The cases handled include family violence,disputes within the sco pe of the community,attempted suicide,law violations even animal cruelty. Traffic Court On the highway frequently found violations caused user negligence from the mere br apiece of betokens to accidents create casualties that is handled by the Singapore Traffic Court after receiving reports of violations.The violations include drunk driving or traffic violations by the Land Transport part or the traffic police declared in that respect was no other way that jakes be taken for that incident. nighttime Court Offenders who are go foree so they can attend the hearing after working hours,Singapore has Night Court for that reason. The court was held on week sidereal days beginning at 6 pm. There are two division of night court,Court 26N for issue noticed by governments departments and Court 25N for traffic violation. Bail CourtLiterally bail is a guarantee on a case,so that a case can be suspended with conduct administration with a certain amount of money. In the bail court the de fendant have to pay a sum of money that will go into the cash bail with respect to certain conditions and by the plunk for of the Chamber Magistrate,the defendant can be released. teenage Court The Juvenile Court only assumes jurisdiction over children below 14 and young person between 14 until 16 years old. So the offender of the case must below 16 years old when h/she is first charged in the Juvenile Court.If its above of it Juvenile Court will relinquishes its jurisdiction. lists Court There are two division of Criminal Mentions Court one deal with District Arrest Cases(DACs) and Magistrates Arrest Cases(MACs). Mention Court usually get ready for prosecution to charge an accused person,no longer than 2 days after his arrest and remand. Filter Court Filter Court as know as holding court which filter cases into other trial court. Beside deal with disposal enquiries,it besides deal near night court cases where the accussed person claimed trial and some minor cases that require up to a day trial.Civil Court Most of civil court defendant got fined instead of jail. Lawsuit that hold by civil court include a range of areas e. g. for landlord-tenant conflicts,credit card payment disputes,breach of direct for accidental compensation disputes etc Centralised Sentencing Court By some undertake cases,The judge will sentence the offender has plead guilty. District Court The penalty of district court may be imprisonment of not more than 7 years,a fine of approximately $ 10,000 flogging up to 12 strokes, or reformative training.District court also handle other cases such as misuse of drug,corruption, beau monde,and security industry. Magistrate Court Court that handling case that punishment less than cases in district court,called Magistrate Court. It handling the case that the sentence less than 3 years. The sentences can be prisoned for no more than 2 years,fine less than $2,000,caning up to 3 strokes. This court also have dictum to handle common gaming house,fi lm,miscellaneous offence cases. Criminal Court penalty of criminal court may be include both jail and fine for a sum of amount.Cases that handle by criminal court e. g. for corruption,immigration,employment of illegal foreign worker etc QUESTION TWO BUSINESS go-ahead FEATURES ESSAY subtract 2 PROCESS AND PROCEDURE Step1 familiarity governance Before were going to register our lodge,first of all we must have a community formation. Company impoverishment a realise that belongs to their handle sign that belongs to themselves, the name must be approve before incorporation of party in Singapore occur. Beside of it,we regard to fulfil for directors,shareholders,secretary,paid-up capital,registered address and taxation Step2 Name ApprovalTo set up a fraternity,it must be approved first by filling the application with ships company registrar. Generally company name is being rejected/approval notification through in less than 1 hour unless it got some similarity with other regi stered name. To make this tint faster at least you must not have analogous name to any existing name of company,doesnt infringe with any trademark,is not obscene or vulgar,is not already reserved. An approved name will be reserved 60 days from the date of application. Step3 Singapore Company RegistrationOnce the name has been approved,approval from company registrar will also be approved in few hours assuming that incorporation documents are ready and have been signed by the directors and shareholders of the company. Some cases will delay the incorporation surgical occasion if the director or shareholder of the company come from certain nationalities,but it rarely happen. In such case,authorities will ask for some additional question. For a private limited company need to pay S$ three hundred for registration fee. Step4 Goods and Service Tax Registration GST tax is also know as Value Added Tax (VAT) or Sales tax.If you company is GST registered,you need to charged for 7% to yo ur node from the charge of goods and services you provide and in turn this amount to authority. GST registration is not mandatory if your companys annual turnover does not exceed S$1 million. Step5 Singapore Business Licenses You need to obtain a barter license or not is depend on your company activities after you have control your company but before you can commence your business operations. There are few business need to obtain the licenses e. g. for travel agencies,financial services, conditional relation/export of goods and restaurants Step6 Registration Document IssuesThe company registrar will trust an official email confirming the incorporation company that include company registration number and certificate of it. It will be charged for S$50 for getting the hard copy at the following day (hardcopy is not being issued in singapore) A business profile of the company can be obtained from the Company Registrar by making a request online and paying a small application fee . Generally, the document (a PDF file) is operable for d knowledgeload within an hour of the request and contains company name,registration number,incorporation date,principal activities etc Step7 Annual file requirements for Singapore companiesThe Companies Act dictates certain annual filing requirements and formalities, once your company has been incorporated. ESSAY PART THREE Manufacturing food and beverages is one of the everlasting business that can be do by some entrepreneur. It is precise toilsome to a food and beverages company become bankrupt,because ein truthday masses need any kind of food and drink,for their meal or just for chomp time,thats what makes the company continues to manufacture their products regularly, without fear that the products not sold or foul.The cardinal things to start this kind of company and compete with its competitors in the same palm is just the innovation that the company can give to their products that can suck in consumer to buy their product. Private Limited Company become the better extract for this kind of business,because in Private Limited Company,they just have less than 20 share holders in company, even usually only slightly 3-5 people so as not to split a muddle of the number of shares, because it will have an impact on the amount of dividen to be gained per person.This form of business make the company easy to develop,because not many an(prenominal) an(prenominal) hands meddling in the decision-making problems. In the other hand,the profit that company can gain from food and beverages is very high,because the raw materials for food is very cheap and the equipment casualty could soar exponentially when the raw material is svelte so attractive that has marketability. Indeed, the pattern of this kind of business, the cost of the company set up is very big, because we need each cost for land, raw materials, and to employ the employee.However this is the essence of this kind of business itself, each s hareholder in the company is required to use existing capital as well as possible with the expectation that the future will gain more trade which in business terms is the return on investment. Therefore, when we talk about the profits, with such a large, the dividends to be gained would be very big for each shareholder. Moreover,for the developing of company, very easy to use the money from the profits realise for research, product development, adding new areas of business.Entirely it depend on how the shareholders meeting decided to pay dividends to shareholders or hold it and included as cash for capital expenditure. For the attention area, with less number of individuals who join in the shareholder, make it easier for companies to work professionally, because a great deal when many shareholders -the personal shareholders, not through the stock market- which mostly are entrepreneurs, trying to put those beliefs on the board of directors or corporate faculty . Sometimes it make s management of work not in accordance with the directives f the shareholders meeting, but rather subject to the people who put them in that position, so that the special interests are often saddled to the person. It was the worst possibility of many businessmen who joined in management Related to the law, all things relating to the companys very easy to handle. Company is a legal entity. With regard to the loss suffered by the company, if the company suffered a loss, then the bear is not a personal, but overall the company was sentenced to, for example experiencing bankruptcy.The company also will not stop operating when one of its shareholders resign or died, because by law, it will be inherited by the heir or other leave policy decisions made together. In addition, the form of a company give care this, we can easily develop food and beverage products at once with just one company name that in there will be divided into several divisions related, so it does not need a lot of com pany name to classify each of our products. MISLEADING QUESTION THREE This advertizing is misleading because it cant immediately scratch or heals a pelt problem by one intervention, it has move to be followed.Aside from it, they state the iPhone 5 if they go to the clinic to make ?? the consultation and treatment that can only be avail by new customers with skin problems. They also wrote term and conditions require to get free treatment in small size below of the advertisement. UNILATERAL put out UNILATERAL OFFER This advertisement include in Unilateral Offer because they clearly detached all the information about the stuff they contend include the fixed price with seen able size in the red shape without further dicker needed.Beside of it, everything priced to clear means the price fixed until out of stock in 4 days from the day newspaper published. They even stated all the places we can find courts to buy those stuff without term and condition required for everyone. Invitati on to offer Invitation to Offer This is an invitation to treat advertisement,because this advertisement is not clear. They just give the rate price for each destination,and the price also started with word from that mean the price is not the fix price and need further negotiation with the customer to meet the agreement for the price that benefit each other.They also go int give the due date of the promo,so it very uncertain and customer need to check it periodically. QUESTION THREE PART THREE advertisement OF TRUE OFFER FOR SALE SECONDHAND BAKERY OVEN For S$1500/ not negotiable Age 5 months old Colour Silver For those who are interested you can call me at this number 85986051 Or via email at email&160protected com This is an advertisement called unilateral offer means anyone can buy this bakery oven. One reason why this is a uncoiled offer is, the intention of the party is clear and its stated there the information about the oven like the age, and colour in the price of S$1500.As ide from this, it also stated there that the price of the oven is not negotiable. ADVERTISEMENT OF INVITATION TO sell DOradora Pte. Ltd Jurong point 01-16 tel. 63970989 ipod case Fr $12 cup cake Fr $3 cake Fr $39 Hurry come and confiscate all about doraemon start Fr $3 Fr $399 This advertisement belongs to invitation to treat because it dont stated clearly whats the specific of computer stuff they sell and they also invite us to buy their thing with the price that needed for further bargaining (not fix yet),it attached for word from. Not all commercial there for $3, it means for the cheapest thing like doraemon cupcake start from $3.REFERENCE http//en. wikipedia. org/wiki/High_Court_of_Singapore http//app. subcourts. gov. sg/subcourts/page. aspx? pageid=53865 http//app. supremecourt. gov. sg/default. aspx? pgID=43 http//en. wikipedia. org/wiki/Court_of_Appeal_of_SingaporeAppellate_civil_jurisdiction http//en. wikipedia. org/wiki/Judicial_system_of_SingaporeRanking http//app. subco urts. gov. sg/Data/Files/File/InforBooklet_Brochures/Brochure_Crime_CommCt. pdf Introduction to Business Law in Singapore Ravi Chandran Singapore Business Law 2nd ed. Benny S Tabalujan http//www. acra. gov. sg INDIVIDUAL GROUP MEMBER CONTRIBUTION PART I PART II PART IIIGERRY VICENTIUS SAJUTI * plot * Subordinate Court * Diagram of features * Diagram of disadvantages advantages * write up of the business enterprise * Invitation to Treat advertisement * accounting of the advertisement DIANA ONG CABILLAN * Criminal and Civil Jurisdiction of Court Appeal * Criminal and Civil Jurisdiction of High Court * Disadvantages and Advantages * Diagram of the process and procedure of business * Misleading Advertisement * Explanation of the advertisement * Create and Explaination of own example of True Offer CECILLIA SATRYO * Diagram * Subordinate Court * Features * Essay of process and procedure of business * True Offer advertisement * Explanation of the advertisement * Create and Explanation of own example of Invitation to Treat citation Our heartiest gratitude and respect to our lecturer,Mr. Daniel Theyagu for his attractive class lecture and suspensorful manner to give us in improving our submitted assignment. We are also thankful to those who help us while doing the assignment We think that GOD HELP THOSE WHO HELPS THEMSELVES As we see this sentence is very smalll but it has a very large meaning. It means that when a person help himself then God also support him for doing the work. We would like to dedicate this assignment to our parents and lecturer and to those entire people who supported us do this assignment.